Shankar Prasad And ANR v. The State Of Bihar
Patna High Court Cr.Misc. No.408 of 2017 (2) dt.16-01-2017
IN THE HIGH COURT OF JUDICATURE AT PATNA
Criminal Miscellaneous No.408 of 2017 Arising Out of PS.Case No. -109 Year- 2016 Thana -NALANDA District- NALANDA (BIHARSHARIFF) ======================================================
1. Shankar Prasad, s/o Late Balgovind Ram, null
2. Meena Devi, w/o Shankar Prasad, Both resident of village - Mohanpur, P.S. - Nalanda, District - Nalanda.
.... .... Petitioner/s
Versus
1. The State of Bihar.
.... .... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s : Mr. Raj Bansh Dubey For the Opposite Party/s : Mr. Sri Ashok Kumar Singh ====================================================== CORAM: HONOURABLE MR. JUSTICE VINOD KUMAR SINHA ORAL ORDER 16-01-2017 Heard the parties.
It is submitted on behalf of the petitioners that there is delay of four years in lodging this case and further that the whole prosecution is false and concocted, just to implicate the petitioner in this case.
Heard learned A.P.P. also.
From perusal of the FIR, it clearly appears that earlier on the request of both sides, the matter was referred to the Gram Panchayat and the Gram Panchayat had also directed to pay the money but the petitioner have not paid money up-till-now. Learned counsel for the petitioners submits that they are ready to pay money back in some reasonable installments.
Patna High Court Cr.Misc. No.408 of 2017 (2) dt.16-01-2017 In view of the aforesaid facts, let the petitioners deposit the whole amount within a period of five months in equal installments of Rs.15,000/-, however, it will be payable in the first week of each month.
As such, let petitioners surrender before the court below and the court below will enlarge the petitioners on provisional bail of Rs.10,000/- with two sureties to his satisfaction of the like amount, on depositing first installment on that very day and go on depositing monthly installment on 1st week of each month and failure to deposit any installment will incur cancellation of his bail bond.
Once the whole amount is deposited within the above period, on being satisfied as above, the court below shall confirm the bail bonds.
With the aforesaid observation, this application is disposed of. (Vinod Kumar Sinha, J) chn/- U